Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-05-30
THE BANTER TRIAL.
Proceeding With the Examination of
Witnesses Yesterday.


Sp,cial TIcyrdm Ia tho >,uiuy R,gtJ,r
NEW MARrINSyILLE, W. VA, May -.
The Court ana lawyers were " little late
getting in this morning. The court room
was again crowded and the interest has in
no wise Jagged. On account Of the high
standing of both the accused and the muir
dered man, public sentiment and leelingis
somewhat divided and each one has his
friends.
The witness called 10y the State this
morning was Henry West, who stated that
he was acquainted with Baxter and New
man: that he lives on Proctor creek, south
of Bakers, some one and Onc-half miles
distant; that on the night of the third day
of October last, heard bell ringing; asccr-
tanned from a neighbOr that Jacob Baxter
had been shot; went up that night; saw gun
mark about one foot from foot of apple
tree; the imprint was kind OF penned up to
keep from being trampcd on; saw foot
nrint with nail marks in heels At foot OGap.
ule tree: traced tracks TO fence, when !
stopped aud went no tnrther on account OF
being lame; sighted through forks OF tree
to bullet hole IN side of house and found
that line would pass through the base of
neck of a man about BaNter'S size; saw
Newman when first brought on premises
next day by Sheriff; saw the gun fit in i'm
preston ut foot Of tree first time and the
toe Of the breech lit exactly: the heel u
the brrcCh would not fit.
On cross examination witness said the
nails in heel were hob nails; that the
ground under the tree was hard and dusty,
but near the fence the ground was
moist: did not see full impression
of foot any place, bat Judged
that il WIS q small foot from the width of
it; the person making the foot prints did
not seem to be running: the tracks from
the tree seemed 20 lead off little south Ci
east; Gun mark was about one inca deep
and one inch wide and run back some two
or two and one-hLii inches; got back to
BlEter's about : O'Clock Monday morning:
saw the bullet tried in gun, aEd the neck
of the hall fit when turned around 80 the
rifles would fit, but required little press
Ing; the bullet WAS battered very much on
one side; the jury here examined the gun
and bullet to See If the bullet would ht.I
the gun in evidence the same one iOundIn
| Newman'S possession the morning after
| the murder il 4j-callhre, brtech-iOahing
/ L. :. musket of the 1873 pattern, with
/ three rifles. Witness WAS of impression
there were five rifles.
The little eleven-year-old hoy OF
the deceased was introduced and
examined nv the Court. He
said that be remembered his fisher; that
| he was standing at a window between the
door and the end OF the house; that pane
of glass was broken out; that he heard two
shots of gun; went to the doOr and saw
nv pa lying on the steps; stood there until
ma and jennie Quill came hack; went and
rung the bell; that his father was down IN
| 4 wheat field below the house toward New
| mans blowing some two weeks before he
I was shot: that he WAS alsO down there
| Capt. DOvener here asked the boy If he
saw any one down there that afternoon,
which question was objected to By the de-
| Tense on the ground Of iFreievancy. The
witness was here withdrawn for the pres
/ ent to allow the attorneys 10 produce au-
| thOritleS on the question raised before pro
ceediDg with the examination
Thomas Howell was next introduced
and said he did not know John
/ Newman; had a conversation with
some one before the death OF Jacob Baxter
last fall. concerning Jacob Baxter: hut said
be did not know or remember who it was
he could not say whether he was in the
court room or not; could not point him out
lDoyener here asked the witness if he did
not give testimony before the grand jury,
and whether he had been talked 10 by any
one lately concerning the case, which wa:
objected to by the defense, and caused
lively tilt between Capt. Doyener and I.
P. Jacobs. The objection was overruied
and the examination was allowed to pro
coed The witness said he saw the same
man that be met in Proctor with gun